Website Terms of Use

Introduction

LSH Auto (Sydney) Pty Ltd ACN 604 103 915, LSH Auto (Melbourne) Pty Ltd ACN 618 554 635, LSH Auto (Brisbane) Pty Ltd ACN 606 816 497, and our affiliates (LSH Auto, we, us, or our) provide the website located at www.lshauto.com.au and all subdomains thereof (together, the Website). These website terms of use (Website Terms of Use) apply to your use of the Website including all features and content made available to you by LSH Auto.

If you have been provided access to password restricted areas of the Website, your ability to access the password restricted areas of the Website is contingent on your continuing relationship with LSH Auto and your ongoing compliance with these Website Terms of Use. You acknowledge that you have read and understood these Website Terms of Use and you accept that they constitute an agreement which is legally binding upon you.

Acceptance of website terms of use

The Website is made available to you by us subject to these Website Terms of Use. By accessing or using the Website you agree to be bound by the Website Terms of Use in force at that time. If you do not agree to these Website Terms of Use, you must not access and must immediately stop using the Website.

We may revise these Website Terms of Use from time to time and any revisions will take effect immediately from the time they are published on the Website. If we make revisions which materially affect your rights we may provide you with notice of such revisions by any reasonable means. Notwithstanding the foregoing, you agree that you are responsible for regularly checking the Website for any changes to the Website Terms of Use and by continuing to use of the Website after variations by us, you consent to such variations.

You can determine when these Website Terms of Use were last revised by referring to the “Last Updated” legend at the top of these Website Terms of Use.

Limited licence

We grant you a limited, non-exclusive, non-transferable, revocable, non-sublicensable, licence to access and use the Website in accordance with these Website Terms of Use. We may terminate this limited licence at any time and for any reason in our absolute discretion.

Intellectual property rights

You acknowledge that we are the owner or licensee of all present and future right, title and interest in the Website (and all underlying software), including, without limitation, all forms of copyright, patents, trade marks, service marks, designs, trade secrets, know-how and confidential information (Intellectual Property Rights). You must not, in any way, challenge or impair our ownership of or right to these Intellectual Property Rights.

Except as expressly provided in these Website Terms of Use, nothing shall be construed as conferring on you or any third party any licence or right to Intellectual Property Rights in the Website or the underlying software.

You grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide licence to use, modify or adapt, or authorise the use, modification or adaptation of and have used, modified or adapted on our behalf, any ideas, expression of ideas, text, graphics, messages, links, data, information and other materials you submit to us through the Website (collectively, User Content). The licence includes the right to make, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute, display, perform and sublicense User Content in any form, medium, or technology now known or hereafter developed.

You represent and warrant that you own or have obtained all the rights necessary to grant us a licence to use the User Content as described in these Website Terms of Use. You further represent and warrant that the posting of User Content by you complies with the restrictions described in these Website Terms of Use, in particular under clause 5 – Acceptable Use.

By submitting User Content to us through the Website, you acknowledge and agree that we may create our own ideas that may be, or may obtain submissions that may be, similar or identical to User Content you submit. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary or other right in the User Content you submit.

You may not provide links to the Website for any commercial purpose without our prior written consent, which may be provided on conditions we determine in our absolute discretion. If you do provide links to the Website for any permitted purpose:

1. you must ensure that you do not remove or obscure, by framing or otherwise, any portion of the Website, including any advertisements, terms and conditions, copyright notices, or other notices displayed on the Website from time to time; and
2. you acknowledge and agree that we may deactivate any link(s) at our discretion and you will do all things reasonably necessary to deactivate or remove any link(s) at our direction.

Acceptable use

You must comply with all applicable laws, rules and regulations while accessing or using the Website. You represent and warrant to us that you will not:

1. post, publish, upload or transmit or otherwise make available, through or in connection with the Website:
   1. any User Content which is unlawful or abusive in any way, including, but not limited to, any User Content that is defamatory, libellous, pornographic, obscene, threatening, invasive of confidentiality, privacy or publicity rights, inclusive of hate speech, or which would constitute or encourage a criminal offence, infringe the rights of any party, or give rise to liability or violation of any applicable law;
   2. anything that could give rise to criminal or civil liability (including any material protected by Intellectual Property Rights, right of publicity, or any other proprietary right for which you do not have the express prior consent of the owner of such right or in violation of any contractual, fiduciary or other legal obligation), or that encourages conduct that would constitute a criminal offense;
   3. any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is potentially harmful or invasive, or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment; or
   4. any unsolicited or unauthorised advertising, promotional material, "junk mail," "spam," or other form of solicitation; or

1. use the Website:
   1. to defame, abuse, harass, stalk, threaten or promote violence or other actions which are threatening toward any other person or entity, harvest or collect personally identifiable information, or otherwise violate the legal rights of others, including rights of privacy or publicity;
   2. to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, or state or imply that we endorse any of your statements or opinions; or
   3. for any other fraudulent or unlawful purpose; or

1. interfere with or disrupt the operation of the Website or use the Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website;
2. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without our express prior written consent;
3. access or otherwise interact with the Website using any robot, spider or other automated means, except for the purpose of search engine indexing;
4. license, sublicense, transfer, assign, reproduce, duplicate, copy, sell, resell, distribute, or exploit for any commercial purposes the Website (or any underlying software) or any access to or use of the Website;
5. modify, adapt, make derivate works of, translate, reverse engineer, decompile or disassemble the Website (or any underlying software);
6. infringe, challenge or impair a third party’s Intellectual Property Rights or remove any copyright, trademark or other proprietary rights notice from the Website or any materials available through the Website;
7. frame or mirror any part of the Website without our express prior written consent; or
8. systematically download or store content from the Website without our express prior written consent.

Disclaimer and limitation of liability

Terms, conditions, warranties and guarantees implied by law (including the Competition and Consumer Act 2010 (Cth)) apply to the Website to the extent required by those laws (Non Excludable Guarantees). Nothing in these Website Terms of Use restricts, excludes or modifies or purports to restrict, exclude or modify any Non Excludable Guarantee.

To the extent permitted by law, the Website is made available to you on an “as is, as available” basis, without any representation or warranty of any kind (without limitation in respect to the accuracy of any information on the Website) and we have no liability to you in respect of any expense, loss or damage that you might suffer no matter how arising (including, without limitation, negligence, consequential, special or indirect loss or damage, or loss or damage arising from loss of data or profits) that is directly or indirectly related to your use of the Website.

The information contained on the Website is for general informational purposes only. While we endeavour to keep the information up-to-date and correct, we make no warranty that the Website or the information contained on the Website will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the suitability, quality, accuracy, timeliness, truthfulness, completeness or reliability of the Website or the information contained on the Website, and exclude all other guarantees, terms, conditions, warranties, undertakings, inducements or representations whether express or implied, statutory or otherwise, which might otherwise be implied into these conditions concerning the activities covered by these conditions. Your use of the Website or any information contained on the Website is strictly at your own risk.

Links on the Website may lead to websites, resources or tools maintained by third parties over whom we have no control. Without limiting any of the foregoing, we make no express or implied representations or warranties whatsoever regarding such websites, resources and tools and links to any such websites, resources and tools must not be construed as an endorsement, recommendation or approval of them or their content by us.

We may use third party software, hardware or services (including hosting services) in providing the Website and may change our providers from time to time. We will use reasonable efforts to ensure use of such third party software, hardware or services does not result in diminution of the quality of the Website, but will not have any responsibility for any such diminution arising from a defect or failure of such third party software, hardware or services.

Registration

You may need to register and create an account in order to use all or part of the Website. You represent and warrant that all information submitted to us in connection with such registration is complete and accurate. It is your responsibility to inform us of any changes to that information. We may reject, or require that you change, for any reason, any user name, password or other information that you provide to us in registering.

Your username and password are for your personal, non-commercial use only, and should be kept confidential. We do not permit and may suspend or terminate your access to the Website if:

1. anyone other than you uses your username or password to access the sections of the Website requiring registration; or
2. access through a single username or user account is made available to multiple users on a network or otherwise.

You are responsible for any use or misuse of your user name or password (including the payment of all fees authorised in connection with your account), and you must promptly notify us if you believe there has been any confidentiality breach or unauthorised use of your user name or password, or your user account.

We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

Privacy

We collect, store, use and disclose personal information in accordance with our Privacy Policy, located at. Privacy Policy

You acknowledge and agree that, even though you may be permitted to access third party sites or services through links appearing on our Website, those sites and services are subject to the privacy practices of their third party owners. You acknowledge that your information will be handled in accordance with the privacy policies of such third parties and you should carefully review the privacy policies of those organisations before providing them with any personal information.

Changes and updates

We reserve the right, in our absolute discretion and with or without notice to you, to:

• modify, suspend or discontinue the Website or any feature, functionality or content associated with the Website; or
• charge, or amend, fees in connection with the use of any feature, functionality or content associated with the Website.

You agree that we are not liable to you or to any third party for any of the acts set out above. By continuing to use the Website after such changes have occurred, you consent to those changes.

Termination

These Website Terms of Use terminate automatically if, for any reason, we cease to operate the Website. We may otherwise terminate these Website Terms of Use immediately, on notice to you, if you have breached these Website Terms of Use in any way.

Clauses 4 (Intellectual Property), 5 (Acceptable Use), 6 (Disclaimer and Limitation of Liability), 8 (Privacy), 11 (Indemnity), 12 (Dispute), and 13 (Governing Law) will survive termination. However, these Website Terms of Use will continue to apply whenever you access the Website.

Indemnity

You gree to indemnify, defend and hold us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers or developers to the Website harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any breach of these Website Terms of Use by you or arising from or related to any User Content uploaded or submitted by you.

Dispute

In the event of a dispute between you and us in connection with your use of the Website (Dispute), you agree that the Dispute will be subject to the terms and conditions in effect at the time the Dispute arose.

Governing law

These Website Terms of Use and all matters arising out of or in connection with your access to our Website are governed by the laws of Melbourne, Australia. By accessing and using the Website you submit to the non-exclusive jurisdiction of the Courts of Melbourne, Australia.